§5-425. Distributive duties and powers of conservator

(a).
A conservator may expend or distribute income or principal of the estate without
court authorization or confirmation for the support, education, care or benefit of
the protected person and his dependents in accordance with the following principles:

(1). The conservator is to consider recommendations relating to the appropriate standard
of support, education and benefit for the protected person made by a parent or guardian,
if any. He may not be surcharged for sums paid to persons or organizations actually
furnishing support, education or care to the protected person pursuant to the recommendations
of a parent or guardian of the protected person unless he knows that the parent or
guardian is deriving personal financial benefit therefrom, including relief from any
personal duty of support, or unless the recommendations are clearly not in the best
interests of the protected person. [1979, c. 540, §1 (NEW).]

(2). The conservator is to expend or distribute sums reasonably necessary for the support,
education, care or benefit of the protected person with due regard to (i) the size
of the estate, the probable duration of the conservatorship and the likelihood that
the protected person, at some future time, may be fully able to manage his affairs
and the estate which has been conserved for him; (ii) the accustomed standard of living
of the protected person and members of his household; (iii) other funds or sources
used for the support of the protected person. [1979, c. 540, §1 (NEW).]

(3). The conservator may expend funds of the estate for the support of persons legally
dependent on the protected person and others who are members of the protected person's
household who are unable to support themselves, and who are in need of support. [1979, c. 540, §1 (NEW).]

(4). Funds expended under this subsection may be paid by the conservator to any person,
including the protected person to reimburse for expenditures which the conservator
might have made, or in advance for services to be rendered to the protected person
when it is reasonable to expect that they will be performed and where advance payments
are customary or reasonably necessary under the circumstances. [1979, c. 540, §1 (NEW).]

[
1979, c. 540, §1 (NEW)
.]

(b).
If the estate is ample to provide for the purposes implicit in the distributions
authorized by the preceding subsections, a conservator for a protected person other
than a minor has power to make gifts to charity and other objects as the protected
person might have been expected to make, in amounts that do not exceed in total for
any year 20% of the income from the estate, subject to the provisions of subsection
(b-1).

[
2005, c. 12, Pt. DDD, §7 (AMD);
2005, c. 12, Pt. DDD, §17 (AFF)
.]

(b-1).
The court may authorize a gift or other transfer for less than fair market value
from the protected person's estate if the court finds:

(1). That the remaining estate assets of the protected person are sufficient for the
protected person's care and maintenance for the next 60 months, including due provision for the protected person's established standard of
living and for the support of any persons the protected person is legally obligated
to support and any dependents of the protected person; and [2011, c. 155, §3 (AMD).]

(2). That the gift or other transfer will not hasten the date of eligibility for MaineCare
coverage of the protected person's long-term care expenses during the next 60 months. [2011, c. 155, §3 (AMD).]

If the gift or other transfer is being made to the protected person's spouse or blind
or disabled child or to a trust established pursuant to 42 United States Code, Section 1396p(d)(4), or is otherwise specifically allowed without a transfer penalty by law governing the federal Medicaid program under 42 United States Code, the court may authorize the gift or other transfer without making the findings under
paragraphs (1) and (2).

[
2011, c. 155, §3 (AMD)
.]

(c).
When a minor who has not been adjudged disabled under section 5-401, paragraph (2)
attains his majority, his conservator, after meeting all prior claims and expenses
of administration, shall pay over and distribute all funds and properties to the former
protected person as soon as possible.

[
1979, c. 540, §1 (NEW)
.]

(d).
When the conservator is satisfied that a protected person's disability, other than
minority, has ceased, the conservator, after meeting all prior claims and expenses
of administration, shall pay over and distribute all funds and properties to the former
protected person as soon as possible.

[
1979, c. 540, §1 (NEW)
.]

(e).
If a protected person dies, the conservator shall deliver to the court for safekeeping
any will of the deceased protected person which may have come into his possession,
inform the executor or a beneficiary named therein that he has done so, and retain
the estate for delivery to a duly appointed personal representative of the decedent
or other persons entitled thereto. If after 40 days from the death of the protected
person no other person has been appointed personal representative and no application
or petition for appointment is before the court, the conservator may apply to exercise
the powers and duties of a personal representative so that he may proceed to administer
and distribute the decedent's estate without additional or further appointment. Upon
application for an order granting the powers of a personal representative to a conservator,
after notice to any person demanding notice under section 3-204 and to any person
nominated executor in any will of which the applicant is aware, the court may order
the conferral of the power upon determining that there is no objection, and endorse
the letters of the conservator to note that the formerly protected person is deceased
and that the conservator has acquired all of the powers and duties of a personal representative.
The making and entry of an order under this section shall have the effect of an order
of appointment of a personal representative as provided in section 3-308 and Parts
6 through 10 of Article III except that estate in the name of the conservator, after
administration, may be distributed to the decedent's successors without prior retransfer
to the conservator as personal representative.